To provide for coordination of proliferation interdiction activities
and conventional arms disarmament, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 6, 2006

Mr. LUGAR (for himself and Mr. OBAMA) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations

A BILL

To provide for coordination of proliferation interdiction activities
and conventional arms disarmament, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Cooperative Proliferation Detection,
Interdiction Assistance, and Conventional Threat Reduction Act of 2006'.

TITLE I--PROLIFERATION ASSISTANCE COORDINATION

SEC. 101. SHORT TITLE.

This title may be cited as the `Cooperative Proliferation Detection and
Interdiction Assistance Act of 2006'.

SEC. 102. FINDINGS.

Congress makes the following findings:

(1) On May 31, 2003, at Wawel Royal Castle, Krakow, Poland, the United
States and its allies announced a new effort to fight proliferation called
the Proliferation Security Initiative. The Proliferation Security Initiative
enhances cooperation among states employing legal means to search planes and
ships carrying suspect cargo and to seize illegal weapons or missile
technologies to keep the world's most destructive weapons away from our
shores and out of the hands of our common enemies.

(2) Since its inception in 2003, more than 70 countries have
participated in or provided support for the Proliferation Security
Initiative.

(3) The Proliferation Security Initiative has led to the negotiation of
bilateral ship boarding agreements designed to facilitate the interdiction
of weapons of mass destruction and related materials and means of
delivery.

(4) Security Council Resolution 1540, adopted unanimously by the United
Nations Security Council on April 28, 2004, calls on all countries to take
cooperative action to prevent trafficking in weapons of mass destruction,
related materials, and means of delivery and dual-use items of proliferation
concern.

(5) Security Council Resolution 1540 provides a basis for developing an
internationally accepted practice regarding criminalization of the
trafficking of weapons of mass destruction, related materials and means of
delivery.

(6) The Report of the United Nations Secretary General's High Level
Panel on Threats, Challenges, and Change, dated September 23, 2003, found
that `[r]ecent experience of the activities of the A.Q. Khan network has
demonstrated the need for and the value of measures taken to interdict the
illicit and clandestine trade in components for nuclear programs'.

(7) The Report also welcomes `the voluntary Proliferation Security
Initiative, under which more and more states are cooperating to prevent
illicit trafficking in nuclear, biological, and chemical weapons'.

(8) There have been a number of air, land, and sea interdiction training
exercises conducted under the Proliferation Security Initiative.

(9) The United States provides foreign assistance to many countries
participating in the Proliferation Security Initiative, including the
following types of assistance:

(A) International narcotics control under chapter 8 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.).

(E) Nonproliferation and export control assistance under chapter 9 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2934bb et
seq.).

(F) Activities carried out under sections 503 and 504 of the FREEDOM
Support Act (22 U.S.C. 5853 and 5854).

(10) Many countries participating in the Proliferation Security
Initiative also are provided defense articles and services and foreign
military sales under the Arms Export Control Act (22 U.S.C. 2751 et seq.), a
purpose of which, as specified in section 4 of the Act (22 U.S.C. 2754), is
to prevent or hinder the proliferation of weapons of mass destruction and
the means of delivering such weapons.

(11) Congress has specifically authorized the President to provide
countries with proliferation interdiction assistance under chapter 9 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2394bb et seq.), which
provides that--

(A) the President should ensure that not less than 1/4 of the
assistance provided under such chapter is expended for the purpose of
enhancing the capabilities of friendly countries to detect and interdict
proliferation-related shipments of cargo that originate from, and are
destined for, other countries; and

(B) priority should be given to any friendly country that has been
determined by the Secretary of State to be a country frequently transited
by proliferation-related shipments of cargo.

(12) Many executive agencies and departments currently furnish
assistance to nations participating in the Proliferation Security
Initiative, including the following:

(B) Ongoing programs and activities of the Department of Energy
authorized under subtitle C of title XXXI of division C of the Ronald W.
Reagan National Defense Authorization Act for fiscal year 2005 (Public Law
108-375).

(C) Other programs assisting friendly foreign countries in law
enforcement, regulatory, and operational capabilities to enhance the
potential of such countries in interdicting weapons of mass destruction,
related materials and means of delivery, and any dual-use items of
proliferation concern.

(13) While statutory authority exists to assist friendly foreign
countries in meeting the threat posed by the proliferation of weapons of
mass destruction, related materials and means of delivery, and dual-use
items of proliferation concern, mechanisms for coordinating within the
executive branch programs and assistance implemented under those authorities
should be employed fully in order to ensure the most effective use of United
States assistance to train and equip friendly foreign countries to deal with
this threat.

SEC. 103. PROLIFERATION INTERDICTION SUPPORT PROGRAM.

(a) Program- Consistent with section 583 of the Foreign Assistance Act of
1961 (22 U.S.C. 2349bb-2), as amended by subsection (c), the President is
authorized to carry out a program to provide assistance to friendly foreign
countries for proliferation detection and interdiction activities and for
developing complementary capabilities.

(1) REPORT REQUIRED- Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the Committee on
Foreign Relations of the Senate and the Committee on International Relations
of the House of Representatives a report on proliferation and interdiction
assistance.

(2) CONTENT- The report required under paragraph (1) shall--

(A) specify in detail, including program cost, on a country-by-country
basis, the assistance being provided by the Department of State to train
and equip personnel in friendly foreign countries in the detection and
interdiction of proliferation-related shipments of weapons of mass
destruction, related materials and means of delivery, and dual-use items
of proliferation concern; and

(B) specify, on an agency-by-agency basis, funding that is being
transferred by the Department of State to other executive agencies to
carry out such programs.

(C) by striking `that originate from, and are destined for, other
countries' and inserting `to states and non-state actors of proliferation
concern'; and

(2) by adding at the end the following new subsections:

`(c) Cooperative Agreements- In order to promote cooperation regarding the
interdiction of weapons of mass destruction and related materials and delivery
systems, the President is authorized to conclude agreements, including
reciprocal maritime agreements, with other countries to facilitate effective
measures to prevent the transportation of such items to states and non-state
actors of proliferation concern.

`(d) Determination and Notice to Congress- The Secretary of State shall
notify the Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives in writing not more
than 30 days after making a determination that any friendly country has been
determined to be a country eligible for priority consideration of any
assistance under subsection (b). Such determination shall set forth the
reasons for such determination, and may be submitted in classified and
unclassified form, as necessary.'.

(d) Fiscal Year 2007 Assistance- Not less than 1/4 of the amount made
available for nonproliferation, anti-terrorism, demining and related programs
and activities for fiscal year 2007 shall be made available to establish the
program under subsection (a), unless otherwise notified for nonproliferation
or counterproliferation purposes pursuant to section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).

TITLE II--CONVENTIONAL ARMS DISARMAMENT

SEC. 201. SHORT TITLE.

This title may be cited as the `Conventional Arms Disarmament Act of
2006'.

SEC. 202. FINDINGS; SENSE OF CONGRESS.

(a) Findings- Congress makes the following findings:

(1) The global proliferation of man-portable air defense systems
(MANPADS) and other conventional weapons, including tactical missile
systems, poses a direct threat to the national security of the United
States.

(2) The use of MANPADS and other conventional weapons by terrorists and
insurgent groups continues to hamper United States efforts to achieve peace
and security in Iraq and Afghanistan.

(3) The proliferation of conventional weapons, including tactical
missile systems, provides many regimes with a means of income and threatens
international peace and security.

(4) The Government Accountability Office has estimated that there are
between 500,000 and 750,000 MANPADS in the world.

(5) Many countries that possess stocks of MANPADS and other conventional
weapons, including tactical missile systems, no longer require such weapons
for their own security or self defense, but do not possess the means for the
elimination or safeguarding of such systems.

(6) There is currently no single United States program designed to
promote efforts in other countries related to conventional arms threat
reduction.

(7) The proliferation of conventional weapons in developing countries
that have experienced civil conflict threatens political stability and
economic development in those countries and neighboring countries.

(8) Land mines left over from past conflicts continue to pose a
humanitarian threat and a barrier to economic development in many countries
around the world.

(b) Sense of Congress- It is the sense of Congress that--

(1) where appropriate, the United States Government should provide
assistance to countries seeking to secure, remove, or eliminate stocks of
MANPADS, other conventional weapons, including tactical missile systems that
pose a proliferation threat; and

(2) given the clear links between global networks of terrorism and
networks of the illicit trade in conventional weapons, the United States
Government should place consistent, broad, and continued emphasis on
combating the proliferation of MANPADS and other conventional weapons,
including tactical missile systems, within the broader nonproliferation
strategy of the United States.

SEC. 203. STATEMENT OF POLICY.

It is the policy of the United States to assist the governments of other
countries in safeguarding or eliminating stocks of MANPADS and other
conventional weapons, including tactical missile systems, that pose a
proliferation, local or regional security, or humanitarian threat.

SEC. 204. GLOBAL PROGRAM FOR THE SAFEGUARDING AND ELIMINATION OF
CONVENTIONAL ARMS.

(a) In General- The Secretary of State is authorized to carry out an
accelerated global program to secure, remove, or eliminate stocks of MANPADS,
small arms and light weapons, stockpiled munitions, abandoned ordnance, and
other conventional weapons, including tactical missile systems (hereafter in
this Act referred to as `MANPADS and other conventional weapons'), as well as
related equipment and facilities, that are determined by the Secretary to pose
a proliferation threat.

(b) Program Elements- The program authorized under subsection (a) may
include the following activities:

(1) Humanitarian demining activities.

(2) Programs for the elimination or securing of MANPADS.

(3) Programs for the elimination or securing of other conventional
weapons.

(4) Programs to assist countries in the safe handling and proper storage
of MANPADS and other conventional weapons.

(5) Cooperative programs with the North Atlantic Treaty Organization and
other international organizations to assist countries in the safe handling
and proper storage or elimination of MANPADS and other conventional
weapons.

(6) The utilization of funds for the elimination or safeguarding of
MANPADS and other conventional weapons.

(7) Programs for the security and safeguarding of MANPADS and other
conventional weapons.

(8) Actions to ensure that equipment and funds, including security
upgrades at locations for the storage or disposition of MANPADS and other
conventional weapons and related equipment that are determined by the
Secretary of State to pose a proliferation threat, continue to be used for
authorized purposes.

SEC. 205. REPORT ON CONVENTIONAL ARMS THREAT REDUCTION.

(a) In General- Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on International
Relations and Appropriations of the House of Representatives a report on
conventional arms threat reduction.

(b) Content- The report required under subsection (a) shall include the
following information:

(1) A description of prior efforts of the Department of State regarding
conventional arms threat reduction.

(2) A description, on a country-by-country basis, of the implementation
of a global strategy for the elimination or safeguarding of MANPADS and
other conventional weapons, including, to the extent possible, a
prioritization of such elimination and safeguarding efforts with respect to
the proliferation sensitivity of such weapons in each country and their
potential impact on local and regional security.

(3) An evaluation of the extent to which activities under this title and
other United States Government programs are integrated to ensure that the
conventional arms threat reduction efforts of the United States are
consistent with United States policy and goals in countries receiving
assistance through such activities.

(4) A description of the scope and nature of other complementary United
States programs related to conventional arms threat reduction, including
tactical missile systems.

(c) Form- The report required under subsection (a) shall be in
unclassified form, but may contain a classified annex.

`SEC. 591. CONSOLIDATED ACCOUNT AUTHORIZATION.

`(a) Authority- The President is authorized to establish a consolidated
Nonproliferation, Anti-Terrorism, Demining, and Related Programs Account for
the purpose of carrying out nonproliferation, anti-terrorism, demining, and
related programs and activities under--

`(1) chapter 8 of part II of this Act;

`(2) chapter 9 of part II of this Act;

`(3) chapter 6 of part II of this Act and section 23 of the Arms Export
Control Act (22 U.S.C. 2763) for demining activities, clearance of
unexploded ordnance, the destruction of small arms and light weapons, other
conventional weapons, associated ammunition, and related activities, except
that, notwithstanding any other provision of law, activities may be
implemented through nongovernmental and international organizations, and
related activities;

`(4) section 504 of the FREEDOM Support Act (22 U.S.C. 5854) for
programs under the Nonproliferation and Disarmament Fund to promote
bilateral and multilateral activities relating to nonproliferation and
disarmament and related activities, notwithstanding any other provision of
law, including, when in the national security interests of the United
States, assistance for international organizations and countries other than
the independent states of the former Soviet Union; and

`(5) section 301 of this Act.'.

SEC. 302. FUNDING ALLOCATIONS FOR FISCAL YEAR 2007.

(a) Authorization of Appropriations- There are authorized to be
appropriated to the President for fiscal year 2007 $524,430,000 and such sums
as may be necessary for each fiscal year thereafter for the consolidated
Nonproliferation, Anti-Terrorism, Demining, and Related Programs authorized by
section 591 of the Foreign Assistance Act of 1961, as added by section 301,
for the purpose of carrying out nonproliferation, anti-terrorism, demining,
and related programs and activities.

(b) Specification of Certain Amounts- Of the amount authorized to be
appropriated under subsection (a) for fiscal year 2007, the following amounts
are authorized to be appropriated for the following purposes:

(1) Not less than $95,050,000 to carry out activities under chapter 9 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et
seq.);

(2) Not less than $33,600,000 to carry out activities under chapter 6 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb et seq.),
and section 23 of the Arms Export Control Act (22 U.S.C. 2763), for
clearance of unexploded ordnance, the destruction of small arms and light
weapons, MANPADS, and other conventional weapons, including tactical missile
systems and associated ammunition, and related activities. Such activities
may be implemented through nongovernmental and international organizations
notwithstanding any other provision of law.

(c) Availability of Funds- Amounts appropriated under subsection (a) are
authorized to remain available until September 30, 2008.

(d) Administrative Expenses- There are authorized to be appropriated such
sums as may be necessary for administrative expenses related to activities
under subsection (b)(2). Such amount shall be in addition to funds otherwise
made available for such purposes.

(e) Amounts in Addition to Other Authorized Funds- Amounts authorized to
be appropriated under this section and section 301 are in addition to amounts
otherwise available for such purposes.